Supply Chain Needs Outlined by NMPF, USDEC to Administration

NMPF and USDEC, with input from their joint export supply chain working group, took multiple steps last month to tout additional actions the U.S. government could take to help address the supply chain issues plaguing dairy exporters.

Highlighting the efforts were comments the two organizations submitted to the Federal Maritime Commission (FMC) on April 14 concerning detention and demurrage billing requirements. The comments outlined a series of nine recommendations for rulemaking focused on upgrading carriers’ information requirements related to detention and demurrage — measures that would help correct the current information power imbalance that favors carriers.

NMPF and USDEC also sent a letter April 21 to Secretary Tom Vilsack and Transportation Secretary Pete Buttigieg recommending five additional tools that could provide supply chain relief and support to dairy farmers and exporters. The leading recommendation called for USDA’s Agriculture Marketing Service (AMS) to restart its Ocean Shipping Container Availability Report (OSCAR) which previously detailed the availability of ocean shipping containers at locations across the United States on a weekly basis. NMPF export supply chain working group members have underscored the usefulness of this report and urged its reactivation.

Shortly thereafter, NMPF joined a coalition of agricultural associations in an April 25 letter to Director of the National Economic Council Brian Deese, Secretary Vilsack and Secretary Buttigieg, asking the administration to coordinate a meeting between exporters and ocean carriers to foster progress on export shipping access.

While these immediate steps could help deliver much-needed immediate relief, NMPF also remains focused on advancing longer-term legislative efforts to heighten the oversight of ocean shipping practices and mandate reforms.

The Ocean Shipping Reform Act (OSRA)– now passed by both the U.S. House and Senate – is headed to conference to reconcile differences in the two versions. NMPF and USDEC played a key role in shaping the text for both versions and securing bipartisan support, but the work continues to ensure the provisions that would deliver the most tangible solutions are retained in a final bill.

The most likely route forward is through the conference process slated to begin in May on a China competitiveness legislative package of which OSRA is a part. NMPF joined an April 20 letter from a broad coalition of U.S. exporting organizations to the conferees, urging the inclusion of the more prescriptive provisions unreasonable carrier behavior.

NMPF Pursues, Protects Dairy Market Access

NMPF and the U.S. Dairy Export Council (USDEC) submitted joint comments to the U.S. Trade Representative’s Office on April 11 asking it to place a high priority on tariff cuts and nontariff barrier removals through the Indo-Pacific Economic Framework (IPEF).

While the administration still hesitates to pursue comprehensive free trade agreements, the framework, which is focused on defining shared objectives around trade facilitation, standards, supply chain resiliency, sustainability, and other common interests in the Indo-Pacific region, presents a potential opportunity to take one step forward on access terms in the region. NMPF in the comments urged that the Biden Administration pursue comprehensive trade agreements to establish lasting tariff and nontariff trade barrier reductions. While acknowledging that the economic framework will not be that kind of agreement, the comments make the case that it could still reduce or eliminate barriers to trade and suggest numerous areas for potential progress.

NMPF and USDEC worked closely with Congressional offices to bolster that message through a March 30 House of Representatives letter to U.S. Trade Representative Katherine Tai and Secretary of Agriculture Tom Vilsack urging the administration to prioritize U.S. food and agriculture in any IPEF negotiations. The bipartisan letter, led by Reps. Jimmy Panetta (D-CA) and Jodey Arrington (R-TX), and signed by 85 other members of Congress, called on the administration to use the Indo-Pacific negotiations to “include efforts to reduce tariffs on U.S. agricultural exports,” to establish regulatory reforms that would benefit U.S. dairy and others in American agriculture, and more.

NMPF also is continuing to safeguard free trade in Latin America, where growing anti-import sentiment from domestic agricultural industries is contributing to a proliferation of potential new market access barriers.

Panama formally petitioned the United States in March 16 to renegotiate several of the agricultural market access provisions in the U.S.-Panama Trade Promotion Agreement. In response, NMPF and USDEC, working together with the Corn Refiners Association, initiated an April 14 letter co-signed by fifteen other agricultural organizations to Ambassador Tai and Secretary Vilsack urging them to preserve the agricultural market access terms of the trade deal and ensure Panama honors its trade obligations. The letter states that modifying an already-implemented trade deal would set an “alarming precedent” and urges the administration to stay the course on FTA implementation.

U.S. Dairy Industry Urges Additional Export Supply Chain Relief

ARLINGTON, VA – The U.S. Dairy Export Council (USDEC) and the National Milk Producers Federation (NMPF) today sent a letter to the Biden administration recommending specific steps to provide relief and support to dairy farmers and exporters facing supply chain constraints.

The letter to Agriculture Secretary Tom Vilsack and Transportation Secretary Pete Buttigieg called for interagency collaboration to enhance capacity at ports, incentivize carriers to load export cargo, and improve transparency throughout the supply chain. The lead recommendation called for USDA’s Agriculture Marketing Service (AMS) to restart its Ocean Shipping Container Availability Report (OSCAR).

“Supply chain challenges have cost U.S. dairy exporters over $1.5 billion last year alone. We thank Secretaries Vilsack and Buttigieg for their advocacy for America’s agriculture exporters in the face of significant supply chain constraints. We are incredibly grateful for the administration’s ongoing efforts and creative solutions, particularly for the development of ‘pop-up’ sites for agricultural exporters to source empty containers,” said Krysta Harden, president and CEO of USDEC. “The additional recommendations submitted today would provide agricultural exporters much needed insight into container availability and provide avenues to incentivize carriers to load outbound shipments to key dairy markets around the world.”

“Shipping containers for U.S. dairy exports continue to be in short supply at coastal ports, and even more scarce at inland locations. These essential links in the global supply chain must be available to American dairy exporters throughout the country in order to ship their products to overseas buyers,” said Jim Mulhern, president and CEO of NMPF. “We thank USDA and DOT for their strong focus on this issue. As congestion continues, so too must the spectrum of tools deployed to address these challenges. Today’s letter highlights the additional steps necessary to take to ensure American dairy farmers are not losing long-term international market share due to these persistent supply chain challenges.”

The specified programmatic elements to provide supply chain relief include:

  • Restarting USDA AMS’ OSCAR, which would detail the availability of ocean shipping containers at locations throughout the United States.
  • Establishing inland pop-up terminal yards, similar to those in Oakland and Seattle, in Minneapolis, Chicago, Detroit, Salt Lake City and Kansas City. This would enable greater access inland to containers and improve the ability to secure vessel accommodations with short earliest-return-date windows at those locations.
  • Developing the ‘fast lane’ concept to incentivize the flow of agriculture exports into and from ports. This would include trucking lanes at port terminals that are dedicated to the expeditious delivery of perishable agriculture goods to ports.
  • Incentivizing ocean carriers to load more export containers, instead of empty containers, through preferred or prioritized berthing access.
  • Including real-time tracking of containers as part of the Administration’s Freight Logistics Optimization Works initiative.
  • Piloting projects with carriers for ‘dual turns’ of containers, wherein containers delivering imports to an in-land location may be provided directly to an export-focused shipper, rather than being sent back empty to the port. This could be supported through the USDA’s Commodity Credit Corporation resources.

 

 

NMPF’s Bjerga on Ukraine’s Agricultural Challenges

 

NMPF Senior Vice President of Communications Alan Bjerga discusses efforts to assist farmers in Ukraine and some of the challenges faced by the sector in an interview with WEKZ, Janesville, Wisconsin. Livestock producers face special challenges with feed and fuel, while farmers also are struggling with access to transportation.

Congress Demands Canada Meet its USMCA Dairy Commitments, Earning Dairy’s Praise

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) expressed their deep appreciation for robust Congressional support on ensuring Canada fully honors its U.S.-Mexico-Canada (USMCA) dairy market access commitments. Today several leading members of the U.S. House of Representatives sent a bipartisan letter to U.S. Trade Representative Katherine Tai and U.S. Secretary of Agriculture Tom Vilsack calling on the administration to reject Canada’s recent dairy proposals and insist on real reform.

Last month, Canada proposed inconsequential changes to its dairy tariff-rate quota (TRQ) allocations after a USMCA dispute panel found in January that Canada’s existing rules do not meet USMCA requirements. Led by Reps. Ron Kind (D-WI), Tom Reed (R-NY), Antonio Delgado (D-NY), Glenn Thompson (R-PA), Suzan DelBene (D-WA), Dusty Johnson (R-SD), Jim Costa (D-CA), and David Valadao (R-CA), the letter argues that Canada must bring its dairy TRQs into alignment with its USMCA commitments, which would further open Canada’s market to U.S. dairy products. Representative Elise Stefanik (R-NY) has sent a similar letter pointing out that Canada’s USMCA dairy TRQ proposal is insufficient to deliver on USMCA’s promise for dairy exporters on March 4.

“The USMCA is not a list of optional suggestions and aspirational ambitions. Yet Canada has treated its obligations to American dairy producers as a game, seeing what they can get away with,” said Jim Mulhern, president and CEO of NMPF. “Congress rightfully recognizes this must stop. If we do not require our allies meet their signed commitments, then our trade agreements are not worth the paper they are printed on.”

“USDEC appreciates this strong bipartisan support focused on ensuring that American dairy exporters receive the benefits that was negotiated in the USMCA,” said Krysta Harden, president and CEO of USDEC. “We are committed to continuing to work with the U.S. government to make sure that the dairy market access negotiated with Canada is provided in full to the benefit of both American dairy farmers and manufacturers, and Canadian consumers alike.”

The bipartisan House letter sent today states, “A deal’s a deal; it’s not too much to ask that our trading partners live up to their end of the bargain. That is why it is critical that this compliance stage of the USMCA dairy case demonstrate that the USMCA enforcement process works – not just to deliver the right finding, as it did in January – but to ensure faithful implementation of the overall agreement and drive real, tangible reforms that are seen on store shelves, to the benefit of American dairy producers and manufacturers, just as USMCA intended.”

NMPF Presses U.S. Government to Pursue Market Access Opportunities

NMPF continues to identify and advocate for pathways that increase foreign market access for U.S. dairy while the Biden Administration remains slow to pursue comprehensive trade agreements.

The Indo-Pacific Economic Framework (IPEF), a limited trade contract intended to strengthen trade relations, supply chain resiliency, and cybersecurity in the region, may offer the broadest non-FTA opportunity to advance that goal for now. The framework under development touts a “fair and resilient” trade module focused primarily on addressing nontariff issues.

NMPF, together with USDEC, is working to ensure the dairy industry has a hand in shaping its development as the effort gains momentum. The Senate Finance Committee held a March 15 hearing on the framework, where NMPF helped members with questions for  Sharon Bomer Lauritsen, who testified on behalf of the agricultural industry, to draw out how dairy market barriers could best be addressed in the IPEF.

Several of the recommendations Bomer offered echoed those NMPF shared with USTR in early February in a confidential submission outlining various dairy market access priorities including reductions by our trading partners of their World Trade Organization tariffs.

NMPF also worked with a coalition of agricultural organizations to generate support for a March 30 bipartisan Congressional letter to Ambassador Tai and Secretary Vilsack, urging the administration to make agriculture a priority in IPEF negotiations. Led by Reps. Jimmy Panetta (D-CA) and Jodey Arrington (R-TX), together with Jim Costa (D-CA), Dusty Johnson (R-SD), Ron Kind (D-WI) and Randy Feenstra (R-IA), the letter called on the administration to use IPEF to address barriers to U.S. agricultural exports, create mutually agreed-upon regulatory reforms that would benefit U.S. dairy and others in American agriculture, “include efforts to reduce tariffs on U.S. agricultural exports” and more.

NMPF, USDEC Commend Congressional Progress on Ocean Shipping Reform Act

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) lauded today’s passage by the Senate Commerce Committee of the Ocean Shipping Reform Act (OSRA). The approval establishes Senate committee support for action to address shipping supply chain challenges as Congress prepares to commence conference procedures on the Senate-passed U.S. Innovation & Competition Act (USICA) and the House-passed America Creating Opportunities for Manufacturing, Pre-Eminence in Technology, and Economic Strength (COMPETES) Act in the coming weeks. The House COMPETES Act includes the House-passed version of OSRA.

“Today’s action by the Senate Commerce Committee brings the Ocean Shipping Reform Act one step closer to passage,” said Jim Mulhern, president and CEO of NMPF. “Export supply chain issues continue to pose immense challenges to dairy exporters, which is why this legislation remains so critical as part of a broad-based approach to tackling those problems. Dairy farmers appreciate the leadership of OSRA sponsors Senators Klobuchar and Thune as well as Commerce Chair Cantwell and Ranking Member Wicker on this issue. We urge the Senate and House to expeditiously advance the conference process and ensure that the final text includes a strong focus on the needs of American agricultural exporters.”

“America’s dairy farmers and manufacturers are delighted to see the Ocean Shipping Reform Act continue to move forward and thank the many Senate Commerce Committee members who supported its approval today,” said Krysta Harden, president and CEO of USDEC. “Dairy exporters need the changes OSRA would deliver. As such, we encourage Congress to swiftly move the COMPETES/USICA conference work forward and send a bill that prioritizes the export shipping needs of U.S. agricultural exporters to the President’s desk.”

NMPF, USDEC Praise Partnership to Ease Port Congestion in Northwest

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) praised the launch today of a new partnership between the U.S. Department of Agriculture (USDA) and the Northwest Seaport Alliance (NWSA) aimed at easing port congestion and restoring more reliable shipping access for U.S. agricultural exporters.

The initiative builds on the Biden administration’s ongoing efforts to address the export supply chain crisis and USDA’s leadership in prioritizing the needs of agricultural exporters. USDA and NWSA will enhance access to a 49-acre “pop-up” site in Seattle to provide staging ground storage for both dry and refrigerated containerized agricultural exports to facilitate their quick loading onto shipping vessels destined for overseas markets.

A similar “pop-up” site was launched at the Port of Oakland on March 1 and has helped improve conditions at that port. USDA and NWSA are announcing the partnership today in an event featuring Stan Ryan, president and CEO of Darigold, an NMPF and USDEC member cooperative and a driving force behind the supply chain improvement.

“Dairy farmers and manufacturers celebrate today’s great news of an additional ‘pop-up’ site focused on helping to deliver relief for U.S. agricultural exporters grappling with severe supply chain challenges. This will provide meaningful assistance in getting their high-quality products to overseas customers. We appreciate Secretary Vilsack’s focus on continuing to find additional ways to tackle this concern,” said Krysta Harden, president and CEO of USDEC. “This is an important new tool as the Biden administration and Congress work together to find multiple pathways to address this complex issue, including passage of the Ocean Shipping Reform Act.”

“Today’s announcement of a new agriculture-focused ‘pop-up’ site in Seattle, coupled with likely Senate advancement of the Ocean Shipping Reform Act next week, show momentum building on tackling the export supply chain challenges in increasingly meaningful ways. That’s critical for dairy farmers and their exporting cooperatives,” said Jim Mulhern, president and CEO of NMPF. “We’re thankful to Secretary Vilsack for his leadership on this topic that’s so crucial to dairy. We urge the administration to build on today’s great news by expanding further to inland locations as well. We urge Congress to move forward swiftly with legislative solutions to the supply chain crunch by passing the Ocean Shipping Reform Act and advancing immigration reform to address the growing labor challenges facing our dairy farms and plants.”

Dairy Joins Problem Solvers Caucus Roundtable on Supply Chain Snarls

The National Milk Producers Federation (NMPF) and the U.S. Dairy Export Council (USDEC) joined the U.S. House of Representatives’ bipartisan Problem Solvers Caucus in a roundtable today to discuss additional steps Congress could take to address the ongoing export supply chain crisis facing American exports, including dairy.

Jaime Castaneda, executive vice president for policy development and strategy for USDEC and NMPF, spoke during a panel discussion moderated by Reps. Jim Costa (D-CA) and Dusty Johnson (R-SD) to identify the challenges exporters are facing in securing container and vessel space, unprecedented congestion, and record fees to ship products to international customers.

“A conservative estimate of the supply chain challenges for dairy exporters in 2021 is over $1.5 billion in higher direct costs, reduced value, and lost sales,” Castaneda noted in his remarks. “If this continues, we risk losing ground to our competitors in highly competitive foreign markets, which has ripple effects on the paychecks of American dairy farmers and the thousands of workers who support the export supply chain.”

“The Problem Solvers Caucus is known for its laser-like focus on delivering practical legislative solutions. We’re proud to be part of that process today in identifying additional areas where Congress can act to help alleviate the supply chain snarls that have been limiting U.S. dairy producers’ ability to export,” said Jim Mulhern, president and CEO of NMPF. “We thank Representatives Costa and Johnson for their continued leadership on advancing bipartisan solutions to bring about some much-needed relief to American dairy and agricultural exporters.”

“Last year proved to be a very difficult and unsustainable environment for U.S. dairy exporters, as supply chain challenges risked American agricultural exporters’ reputation as reliable suppliers. I have heard directly from customers their intent to switch suppliers to our competitors solely because of these congestion issues,” said Krysta Harden, president and CEO of USDEC. “We want to thank Representatives Costa and Johnson for their bipartisan leadership in leading today’s discussion on these issues and for their invitation to be part of today’s discussion. Their work continues to be essential to American farmers and the entire agricultural value chain.”

Other organizations speaking at the event included the American Trucking Association, National Retail Federation, Agricultural Transportation Coalition, and the National Association of Manufacturers.

U.S. Dairy Endorses Ocean Shipping Antitrust Enforcement Act

In response to last week’s introduction of the Ocean Shipping Antitrust Enforcement Act, USDEC and NMPF released the following statements:

Krysta Harden, U.S. Dairy Export Council president & CEO:
The U.S. Dairy Export Council thanks Representatives Costa, Smith, Garamendi and Johnson for introducing the bipartisan Ocean Shipping Antitrust Enforcement Act last week. U.S. dairy exporters experience a litany of unfair practices from foreign-owned ocean carriers – including unprecedented shipping rates, fees often incurred out of the exporters’ control, intentional lack of transparency, and continually rolled bookings. Due to the high concentration of power in the largely foreign-owned shipping industry, American dairy exporters have little option other than to accept these unwarranted fees and delays as a business expense. We commend the introduction of this important legislation to revoke the antitrust immunity that these shipping lines exploit at the expense of American producers and consumers, and we urge Congress to expeditiously pass this measure into law.

Jim Mulhern, National Milk Producers Federation president & CEO:
At a time when ocean carriers have been enjoying record profits, U.S. dairy producers have been bearing the brunt of the export supply chain crisis, with over $1.5 billion in added costs and lost sales in 2021 alone. We welcome the introduction of the Ocean Shipping Antitrust Enforcement Act that would reign in the enormous power foreign-owned shipping lines wield over American exporters. It has been evident over the past two years that ocean carriers do not share the interest of U.S. producers and are willing to break contracts and cancel shipments without warning. International customers want U.S. dairy products, but American dairy farmers are struggling to meet deadlines due to carrier behavior and justify the increased expense of paying exorbitant fees. This puts at risk key relationships with buyers around the world. NMPF encourages swift passage of this bipartisan legislation to put a halt to these unreasonable practices.

February CWT-Assisted Dairy Export Sales Continue Strong Start to 2022

CWT member cooperatives secured 105 contracts in February, adding 14.9 million pounds of American-type cheeses, 12.2 million pounds of whole milk powder and 1.4 million pounds of cream cheese to CWT-assisted sales in 2022. These products will go customers in Asia, Central America, Middle East-North Africa, Oceania and South America, and will be shipped from February through August 2022.

CWT-assisted 2022 dairy product sales contracts year-to-date total 29.9 million pounds of American-type cheese, 3.1 million pounds of cream cheese and 14.1 million pounds of whole milk powder. This brings the total milk equivalent for the year to 402 million pounds on a milkfat basis. Over the last 12 months, CWT assisted sales are the equivalent of 1.483 billion pounds of milk on a milkfat basis.

Exporting dairy products is critical to the viability of dairy farmers and their cooperatives across the country. Whether or not a cooperative is actively engaged in exporting cheese, butter, anhydrous milkfat, cream cheese, or whole milk powder, moving products into world markets is essential. CWT provides a means to move domestic dairy products to overseas markets by helping to overcome U.S. dairy’s trade disadvantages.

NMPF Campaigning for Quick Senate Action on Ocean Shipping Reform Act

NMPF’s work to advance key export supply chain legislation made significant progress with the Senate introduction of the Ocean Shipping Reform Act (OSRA) on Feb. 3, companion legislation to a House-passed measure meant to take strides to alleviate the supply chain crisis that is impeding dairy exports.

The bill introduced by key dairy allies Sen. Amy Klobuchar (D-MN) and Sen. John Thune (R-SD) comes after months of NMPF effort. While there are some differences between the two bills, the trade policy team continues its work with the Senate to strengthen the measure further as it advances through Congress.

NMPF has launched a grassroots campaign to demonstrate the bill’s support among a broad base of constituents. NMPF members, friends and allies can ask their Senators to ensure its passage here.

As part of NMPF’s multi-prong strategy to alleviate the export supply chain congestion, the trade policy team, together with agriculture coalition allies, also met Feb. 4 with the White House National Economic Council to discuss export supply chain concerns and work to identify additional solutions, reiterating its recommendation that the administration consider suspension of “box rules” that limit ag shippers’ ability to mix and match containers and chassis equipment and discussed other potential strategies to alleviate the crisis.

NMPF staff also joined a small group of agricultural organizations in a Feb. 22 meeting with White House Port Envoy John Porcari to further discuss potential changes to the box rules, urge the administration to replicate the Port of Oakland pop-up site designated for staging agricultural exports and explore options to increase data transparency for U.S. exporters.